Budget 2024-25: Section 271FAA Amended for Automatic Exchange of Information (AEOI) Compliance



Quick Summary
The government has amended Section 271FAA of the Act as part of the Budget 2024-25 to better align with the Automatic Exchange of Information (AEOI) framework. This update clarifies penalties for inaccurate financial transaction statements and failures in due diligence. The changes aim to address concerns raised by the Global Forum on Transparency and Exchange of Information for Tax Purposes regarding the existing penalty provisions.

Amendment of section 271FAA to comply with the Automatic Exchange of Information (AEOI) framework

The existing provisions of the sub-section (1) of section 271FAA of the Act inter-alia, provide that if a person referred to in sub-section (1) of section 285BA of the Act, who is required to furnish a statement under that section, provides inaccurate information in the statement, and where (a) the inaccuracy is due to a failure to comply with the due diligence requirement prescribed under sub-section (7) of section 285BA or is deliberate on the part of that person; or (b) the person knows of the inaccuracy at the time of furnishing the statement of financial transaction or reportable account, but does not inform the prescribed income-tax authority or such other authority or agency; or (c) the person discovers the inaccuracy after the statement of financial transaction or reportable account is furnished and fails to inform and furnish correct information within the time specified under sub-section (6) of section 285BA, then, the prescribed income-tax authority under sub-section (1) of section 285BA may direct that such person shall pay, by way of penalty, a sum of fifty thousand rupees.

Budget 2024-25: Section 271FAA Amended for AEOI

2. The provisions of section 271FAA apply in case the specified person  furnishes inaccurate statement of the financial transactions / reportable account as prescribed under section 285BA of the Act. While reviewing India’s CRS legislative framework under the Automatic Exchange of Information (AEOI) framework, the Global Forum on Transparency and Exchange of Information for Tax purposes has formed a view that the penal sanction available under the said section for inaccuracies would not automatically extend to all cases where due diligence was not correctly done if the information did not lead to incorrect reporting. 

3. In view of the foregoing, it is proposed to make the following amendments in section 271FAA to clarify that penalty under the said section shall be attracted in any of the following circumstances–

(i) furnishing inaccurate information in the statement shall be liable; 
(ii) failure to comply with due diligence requirement in the statement; 

4. Further, in section 273B, it is proposed to add the reference of section  271FAA in order to provide that no penalty shall be imposable for any failure referred to in the said section, if the assessee proves that there was reasonable cause for such failure.

5. This amendment will take effect from the 1st day of October, 2024.

[Clauses 79 & 82]

FAQ :

The amendment aims to enhance compliance with the Automatic Exchange of Information (AEOI) framework and clarify penalty provisions for inaccurate financial transaction reporting.

It addresses concerns that the existing penalty sanctions might not cover all cases of due diligence failures if the information provided wasn't ultimately incorrect.

Penalties will now be attracted for furnishing inaccurate information in a statement and for failing to comply with due diligence requirements.

Yes, Section 273B is proposed to be amended to allow for no penalty if the assessee can prove there was a reasonable cause for the failure.

These amendments will come into effect from 1st October 2024.




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Finance news reporter covering taxation, GST, income tax, business compliance, and economy updates. I simplify complex financial topics into easy-to-understand articles for professionals, taxpayers, and business owners on leading finance and tax platforms.

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